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Dynamics of EU Corporate Governance Regulation - Nordic Perspectives
Ilmonen, Klaus
Helsingin yliopisto
The significance of EU level corporate governance regulation has been increasing in the years following the financial crisis. At the same time EU regulatory initiatives in this field have been subject to much criticism. The corporate governance systems in the EU vary significantly and it has been argued that EU initiatives have not been adapted to corporate environments prevalent in member states. This has been argued to have decreased the competitiveness of listed companies and the financial markets in the EU. Several EU corporate governance initiatives have also failed or been subject to considerable political compromise emphasizing the challenging political nature of the EU regulatory system. EU integration represents a model for coordinating interaction between different economies and political systems. Understanding how supranational systems work and developing regulation at this level remains an important venture. More attention is needed to adapt the design of EU regulation to the varied institutional environment across the EU. To be able to develop EU legal strategies and regulatory design in the field of corporate governance, a better understanding of the dynamics of EU policymaking remains important. The goal of the study is to provide a basis for developing legal strategies used in EU corporate governance regulation in light of the challenges of the (i) varied regulatory requirements of different corporate environments in the EU and (ii) the supranational political dynamics of corporate governance regulation. This requires a better awareness of the factors that affect (i) the impact and effectiveness of different legal strategies and regulatory mechanisms in different corporate environments and (ii) the political dynamics of EU policy-making with respect to corporate governance regulation. The study analyses corporate governance regulation in the context of specific environments of corporate governance and corporate ownership. With an emphasis on institutional and political aspects of corporate governance, the study analyses and compares the effects of different legal strategies in these environments; i.e. what the effects of different regulatory mechanisms have been on the relationships between corporate constituencies. The study focuses on corporate governance regulation in the context of concentrated ownership in a Nordic institutional environment. The study also analyses the political dynamics of EU policymaking based on economic theories of regulation and an institutional analysis of EU policy-making. The results of study include a framework for a corporate governance index that incorporates the prevalent institutional dynamic, as well as a qualitative model for developing regulatory policy at the EU level. The study relates to comparative corporate governance research and to political economy analysis of EU regulation.
Yhtiöstä opettaja? : Systeemiteroreettinen tulkinta ammattikorkeakoulujen yhtiöittämisestä
Linna, Jukka
Helsingin yliopisto
The company as teacher? A systems theoretical interpretation of the incorporation of the universities of applied sciences This doctoral dissertation examines key organization models for economic activity, with a focus on limited liability companies and cooperatives. Under review are the expectations on the use of the limited liability company (LLC) form in situations where the primary purpose of operations is not making profit for the owners. This research examines the question of which legal and other expectations were attached to the LLC model when it was chosen to be the only form for organizing universities of applied sciences (UAS) administered by the Ministry of Education and Culture. Related questions are whether the expectations were well founded and what other consequences the choice of LLC model for UAS s may hold. The research argument is that the cooperative form would have been a better alternative for UAS s than the LLC. This paper identifies the LLC as the generic model for a legal person in modern society. These companies produce an increasing share of goods and services in the world. At the same time, more and more public services, which previously were directly provided by the state or municipal authorities, are now being produced by LLC s, whether publicly owned or private. In addition, even in organizations where the incorporation has not yet been carried out, methods developed for the management and control of companies are followed. The final incorporation process of the UAS s was implemented so that the already existing UAS administrator companies or new specially formed LLC s were granted a permit for UAS activities. Monitoring this transformation process gave an opportunity to acquire a deeper insight into the arguments made for the use of LLC s for non-profit purposes, the kinds of legal, economic and other expectations related to this, the benefits and risks involved, and the ways in which these factors have been discussed at various stages. The main theoretical basis for the study is systems theory and, in particular, its further developments by Niklas Luhmann. Luhmann sees society in terms of systems that have historically differentiated to manage their own specific function. These function systems include at least the economy, science, politics, religion, and education, each with their own codes. It is the differentiation that explains the performance and the continuously growing complexity of modern society. From the systems theoretical standpoint this study engages with issues relating to Law and Economics and the NPM, or New Public Management. There is also a short historical overview of the development of LLS s and cooperatives, as wells as characterizations of both legal person forms. The methods used in the research include document analysis of the law drafting materials and expert interviews. As an interventional method, a written opinion was sent to the Parliament s Education and Culture Committee at the time it was considering the Government's proposal for the new UAS law. The expectations for LLCs were clarified through analysis of the different source materials. The spectrum of expectations turned out to be wide. The presence of the economic code was notable. The study presents justifications for the argument that based on these expectations the cooperative form would have been a better solution for the UAS s than the LLC form. In addition, a model is proposed in which the UAS community members, students, teachers and other personnel, are also members of a cooperative UAS. Educational and economic justifications, in particular, are presented for this model.
Urakkasopimuksen muutokset : Sopimusoikeudellinen tutkimus urakkasopimuksen dynaamisuudesta
Ryynänen, Juha
Edita Publishing Oy
The purpose of this study is to answer the following question: How do changes in a construction project affect the contractual relationship between employer and contractor? Traditionally, the contractual balance has been seen as a static equilibrium between reciprocal rights and duties as set forth by the parties at the time their agreement commences. For example, in a sales contract the seller and buyer determine the balance between goods sold and sales price at the time the contracts commences. The traditional view of contractual balance is best suited to a short-term contract, which is agreed under the assumption of perfect information. In contrast to a sales agreement, a construction contract is typically a long-term agreement which is incomplete at its birth. A construction contract is typically subject to changes (changes in works, costs and/or timing) that occur during the construction project after the date the agreement commences. Some of the relevant changes result from unexpected changes in circumstances over which the parties have no control, but some are under their control i.e. variation orders given by the employer. Regardless of its origin, a change may have an impact on works (including impact on the scope, timing and order of the works), contract price and/or contract time. In this study works, price and time are described as the dynamic components of a construction contract. This study proposes a model of contractual balance based on an equilibrium between the dynamic components mentioned above. Changes and the contractual balance are managed through rules of completion. The rules of completion can be divided into primary and secondary rules of completion. The primary rules of completion include those rules agreed to by the parties in the contract, taking into account the limitations of mandatory rules of law and good building practice. The secondary rules of completion apply to situations not covered by the primary rules of completion. This study identifies four secondary rules of completion: the in dubio contra stipulatorem rule, the in dubio minimis rule, the effectlessness rule (fin. vaikutuksettomuusolettama) and the proportionality rule (in Finnish suhteellisuussääntö). The rules of completion and their implementation are discussed in detail, taking into account general terms of contract, especially YSE 1998.
The Law and Economics of Credit Default Swaps : Derivatives Regulation, Insurance Law, and Recent Financial Market Reforms
Juurikkala, Oskari
Helsingin yliopisto
The study investigates the legal and regulatory aspects of credit default swaps (CDSs), a controversial financial transaction that functions as a type of credit risk insurance. Regarding their legal characterization, it is found that CDSs should normally be classified as insurance contracts unless such classification has been specifically excluded by legislation. It is incorrect to treat them as financial securities, because CDSs are strictly bilateral contracts that can be traded in secondary markets only improperly through novations. Despite their name, their classification as swaps does not correspond to the standard financial meaning of swaps. Recent legislation has broadened the category of swaps to include these transactions in some cases, but the outcome is even more confusing in terms of legal doctrine. Regarding regulatory policy, it is found that the problems created by CDSs should be tackled by a combination of regulatory strategies. At present, the principal regulatory framework is the industry self-governance architecture designed and controlled by the International Swaps and Derivatives Association (ISDA); despite its many weaknesses it also has advantages, which might be harnessed through co-regulation. In terms of transparency regulation, the post-crisis regulatory reforms have moderately reduced the opacity of the CDS market, and increased disclosures would probably fail to address the main problems associated with CDSs. Compulsory central counterparty (CCP) clearing has acquired prominence through the post-crisis regulatory reforms; it is however unlikely to work well for CDSs, which are functionally not swaps but credit insurance, so that their risk profile is asymmetric and involves significant fat tails and macroeconomic correlation. In the future, the most promising alternative is to apply the principles of credit insurance regulation in a way that addresses the peculiar concerns raised by CDSs. Targeted protection selling limits might be applied within the post-reform regulatory scheme that covers CCPs and compulsory collateral requirements. Targeted protection buying regulation is also an option, and the recent European short selling regulation provides a useful test case that will be studied empirically in order to evaluate its effectiveness and costs.
Työoikeus ja prekaari yhteiskunta
Ylhäinen, Marjo-Riikka
Helsingin yliopisto
The problem of this research is the critical tension between the legal principle of protection of the employee and the changes that has occurred both in society and in the production process. Designated as precarisation, the said changes appear as changes in the production process, in the ways in which work is organized, in what the work substantively consists of, as well as in the forms in which work is conducted. Responding to these changes is important for the materialization of the principle of the protection of the employee. Crucial for this response are the preconceptions concerning the workplace operational environment as well as one s understanding of the notion of work in labour law. These are inbuilt to labour law as a branch of law, to its general doctrines as well as to the ideologies that work in its background. Labour law takes form in a critical tension between the interest of production (its smooth flow) and the interest of protecting the worker. Practice of labour law (case-law) reproduces our notion of the normal work together with its background assumptions. These assumptions involve a certain idealization of the wage-earner society. The phenomenon of precarisation brings critically visible the boundaries of that society, which seems to have been both ideal and normal at once. Precarisation poses serious questions to labour law thinking and its principle of the protection of the employee. Two discourses emerge from the case-materials: discourse on (dependent) heteronomous work and discourse on business activity. In the traditional discourse of heteronomous work, labour law purports to protect contracted workers and employer s business is understood as durable and ongoing process. Traditional discourse is built on the tension between business activity that is continuous and workers who need protection. In the rival discourse appears an image of the employer as a victim to the constant variation of business conditions and to the ensuing insecurity. Employer is viewed as an administrator of irregular production processes, not as someone who exercises power. Left at the mercy of the fluctuation of conditions beyond their will, employers will be no longer seen as wielding power in the way traditional labour law assumes. As long as the background assumption of a continuous process of production holds the principle of protection of the employee will waver. The theorethical and methodological framework of the thesis is three-dimensional. Firstly labour law is positioned in the context of continuously changing, precarious society. Secondly labour law is observed as juridical discipline which is constructed through the works of labour law scholars This dogmatic disciplinary system forms the normative lenses that are internalized in the habitus of layers. These lenses also reflect the underpinning ideas and ideologies that work in the background of labour law. Thirdly the juridical praxis of labour is analyesd using cases concerning atypical employment as material. The speech in these cases form different kind of images of work, business, employee and employer. The different images are part of two differing discourses, one that is called the dependent work discourse and the other that is called the business activity discourse. Both discourses reflect and re-produce the images typical in labour law an in wage- earning-society. The business-activity discourse that has it s point of refrence at the edge of labour law thinking also reflects the priority of employers prerogrative and as such forms the point wehere the precarious society steps into labour law.
Secured Credit in Europe : From Conflicts to Compatibility
Juutilainen, Teemu
This study seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe. The focus is on security rights over tangible movables and receivables. Compatibility is understood as the absence of cross-border problems, notably uncertain enforceability and unexpected loss of proprietary security rights, or as the availability of workable solutions to them. Current cross-border problems mainly concern enforceability of proprietary security rights against third parties, including a security-provider debtor s other creditors on insolvency. The study organises the concrete means through which compatibility can be promoted into four main groups, or approaches . These are a centralised substantive approach and three gentler approaches , namely a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. Means within the centralised approaches can be introduced at European Union level, and means within the local approaches at Member State level. The substantive approaches seek to eliminate diversity by unification or harmonisation of substantive law, whereas the conflicts approaches mainly rely on private international law. The study introduces and defends the view that current circumstances call for an integrated approach, which attempts to combine the advantages and avoid the disadvantages of all four approaches. The feasibility of an integrated approach can be confirmed, and its content determined, only by way of a division of labour between the four approaches. This requires choices between the concrete means within each of the four approaches. To guide that division of labour, the study proposes a set of objectives with a view to capturing the essence of what can be regarded as desirable development towards greater compatibility. The objectives are: foreseeability, derived from the economic functions of proprietary security rights; responsiveness, derived from certain evolutionary aspects of the law; and division of unforeseeability costs, derived from a transnational conception of justice. Importantly, the tension between foreseeability and responsiveness gives rise to a theory of how to reconcile the need for certainty in credit markets and the more general need for the law to adapt to different and changing economic and social circumstances and value choices. The set of objectives provides criteria for choices between the concrete means within the four approaches. If the proposed objectives are accepted, the choices guided by them can be taken as the optimal way of promoting compatibility, which completes the research.
Suojattu, suvaittu vai sanktioitu sananvapaus? : Oikeushistoriallinen tutkimus 1960- ja 1970-lukujen yhteiskunnallisen ja kulttuurisen murroksen vaikutuksesta suomalaisen sananvapauden rajoihin joukkoviestinnässä
Pere, Tuula
Fourth Life Publishing
PROTECTED, TOLERATED OR SANCTIONED FREEDOM OF SPEECH? A legal-historical study on the impact of the social and cultural shift of the 1960 s and 1970 s on the limits of the freedom of speech in mass communication in Finland. This legal historical study looked into the impact of the social and cultural shift in the 1960 s and 1970 s on the limits of the freedom of speech in the Finnish mass media as it was exercised by the press, radio and television. The limits of the freedom of speech were considered in the broad sense of the term, with focus not only on legal regulation and self-regulation but also on the actual limits in exercising the freedom of speech. Mass communication during the shift was represented by strongly opposing ideologies, and it was utilised both in supporting the prevailing hegemony and in toppling it. Mass communication took to supervising the powers of other forces, becoming a social influence a fourth estate even, in some people s view. After the war years, the Finnish society had been rebuilt in a joint effort, improving the situation of its citizens by means of social, health and educational policies and by specifying the practices of the labour market. However, the actual social and cultural shift did not take place until the 1960 s and 1970 s and had to do with the changes in the economic and demographic structures and the emergence of the baby-boom generation as active citizens. Aside from material good, a wider population could now benefit from higher education, which enabled them to climb the social ladder and thus provide them with more influence. The welfare state developed hand in hand with the democratic opportunities of the citizens. A citizen had become interesting both as a voter and a consumer. The volume and technology of communication developed significantly, bringing about a new climate of opinion, which changed people s ideas about the appropriate limits of the freedom of speech. To analyse the judicial shift under study, a contextual legal historical approach was employed. Owing to the nature of the research at hand, connections to the different fields of law and the fields of science are manifold. The study, which falls into the field of law, has points in common mostly with the perspectives of the studies of social sciences, cultural history and social history and history of ideologies. The data gathered from the subject of study have been analysed by linking together previous findings in rarely seen ways. The analysis focused primarily on the national level. The domestic phenomena were closely linked with the equivalent developments of other Western countries the Nordic countries in particular. Moreover, comparisons were made with the developments in the United States, as they influenced the Finnish society as well cf. the peace movement, the women s movement, racial issues, the increasing activism among youth, and the commercial use of the freedom of speech. On the other hand, the international situation of the cold war era, the political pressure coming from the Soviet Union, and the phenomenon of finlandisation, had an impact on the speech and mass communication in Finland. The changes in the Finnish mass communication environment during the shift involved the structures, operating conditions and media contents alike. The transformed attitudes were manifested both in the discussed topics and the manner in which they were discussed. There was an increase in the diversity of opinion, the differences of opinion came to a head, and the media were subjected to both internal and external pressure. Mass communication was actively involved in the social development. Tabloids brought their own flavour to the opposing interests in mass communication, managing successfully to turn the voyeuristic and sensation-seeking behaviour of people into profitable business. As the research progressed, it became evident that if it was still possible to discern some sort of collective idea of the freedom of speech with the advent of the 1960 s, this became increasingly difficult once the shift got properly underway. The old boundaries were pushed both in the political mass communication and politically-oriented entertainment. On the European scale, the Finnish television system was from the very beginning a unique and curious combination of both ideological and commercial elements and players. The coupling of the commercial media with the parliamentary-controlled Finnish Broadcasting Company (Yleisradio) was a difficult political issue right from the early days of Finnish television. In the era of Reporadio, (a pejorative nickname referring to the President of the company at the time) television, the newcomer in the electronic media, brought forth leftist mass communication and entertainment. This was offset by the American-oriented worldview of commercials, series and films. The operating environments for exercising the political freedom of speech and the commercial communications saw a rapid transformation. Finland s location at the interface between the East and the West was also manifested in how two opposing ideologies collided in the Finnish mass media. At the core of the freedom of speech in mass communication in the social and political sphere of mass communication there was a tough ideological battle going on, with the leftist orientation and the even wider bowing to the East not uncommon during the era of finlandisation strongly represented. Besides the leftist party papers and various ideological papers, the leftist tendencies in the press were also represented by a group of radical reporters within the mainstream press. The new practices of mass communication, and breaking the old boundaries in the spirit of a cultural shift, sometimes caused disapproval and backlashes in all areas of communications. Offences against religious and moral beliefs and patriotic feelings became the topic of hot debates and were discussed by the various bodies controlling the use of words by mass media even in the courts of law. The transformed society was coloured by an array of opinions, and the interpretations as to the limits of the freedom of speech varied greatly. New demarcations and supportive regulation thereof were called for. The legal regulation as to how the mass media exercised the freedom of speech did not essentially change during the period under study, leaving the effects of the changes on the everyday life of mass communications rather insignificant as a whole. As for self-regulation, the mass media and advertising aimed proactively and voluntarily to act appropriately in the media. Despite long preparations, numerous law initiatives fizzled out or were only implemented in the decades to come. However, the effort put in the preparation made a difference in the political life and public debate of the era. Advertising was subject to harsh criticism particularly from the left wing and the consumer movement, forcing the legislature and the self-regulatory norms to tighten up, particularly in alcohol and tobacco advertising. Legislative means were also employed for better protection of privacy threatened by the tabloids. The factors most affecting the boundaries of the freedom of speech were seldom discernible in regulatory actions. The actual freedom of speech exercised in mass communication was in some cases wider than the formal regulation, which trailed behind, while in some cases narrower, due to practical operational preconditions or external pressure, for instance. In comparison with the past, freedom of speech as a whole flourished relatively freely, despite the fact that the regulations were not loosened or modernised. It was more about a greater flexibility and tolerance of control and decision-making which aimed to facilitate the releasing of shift era pressures. On the other hand, the political restrictions and self-censorship due to the pressure built up during the period of finlandisation clearly limited the freedom of speech in mass communication.
Vanhempien mielenterveyshäiriöt ja vieraannuttaminen lapsen huoltoriidoissa. Lääkintäoikeudellinen ja oikeussosiologinen tutkimus.
Hannuniemi, Anja
ei ole vielä painettu
Parents Mental Disorders and Parental Alienation in Custody Disputes. A Medical Legal and Legal Sociological Study. The aim of the thesis is to find out solutions for a better management of custody disputes. Several studies show that children in especially high-conflict custody cases suffer in various ways and also permanently of the high conflict. The main recommendation to improve the system is a law-based psychiatric evaluation of parents when the dispute is at risk of escalation. The thesis consists of four articles and the summary. The articles are written about the problems present in high-conflict custody disputes; the parents mental disorders and their proneness to alienate their children from the other parent. To study the circumstances in the litigating families and the proceedings an empirical research was performed by getting information about court cases, in which the other parent has tried to get an enforcement of a court order concerning his/her access to the child. Court decisions were supplemented with other kinds of decisions concerning the same children and their parents, especially custody decisions, and information about the family relations, occupational status, compulsory care and other social services, mental health, debts, criminality, and deaths. The original number of the cases are 114, but they were reduced to 103 as non-custody cases were left away. The total time of the disputes are counted from the beginning of the first proceeding to the end of the last one. 103 cases are divided in three subgroups: 1) Short disputes (41) with a duration under two years, 2) Middle lenght disputes (36) from two years to five years five months, and 3) Long disputes (26) from five years five months to twelve years. Results: 1) 40 percent of all litigants suffer from a psychiatric disorder or substance abuse. The average prevalence of mental disorders in populations is considered to be 20 per cent, and the litigants exceed it twofold. The number of men and women with disorders is the same, but women have about two times more severe and mood disorders than men and men two times more substance abuse than women. 2) In the long disputes litigants have nearly as much disorders as the litigants in the short and middle lenght disputes counted together. The litigants in the short and middle lenght disputes have nearly same amount of disorders. 3) Of all 103 families 69 (67 per cent) are clients of child protection; in the long cases all exception one family. After the dispute has continued four years, practically all families are clients of child protection. About 20 per cent of the children are taken in compulsory care. 4) Litigants have also much umemployment, unability to work, economic and housing problems,and the number of litigants with these problems grows as the disputes get longer. 5) Proportion of litigants with alienating behaviour or some other attitude problem harming children ranges in different kinds of disputes from 74 to 88 per cent in women, and from 43 per cent to 88 per cent in men.
Criminalizing Business Cartels in Europe - A Comparative Perspective
Günsberg, Patrick
Drawing on a comparative approach this study discusses the criminalization of the so-called hard-core cartels and suggests that despite possible pitfalls it continues to be a worthy endeavor. It seems that the integrity of the criminal justice system warrants the introduction of a criminalized anti-cartel regime, a project that should be on the agenda for all modern economies, including Finland and Sweden. However, one should not rashly proceed with such a vast project without carefully considering all the components that go into a successful regime lest the project become an asset turned into a liability. Crucially a failure regarding one or few components may undermine the whole project, as the UK experience may confirm. In the gravest cases criminal law alone could communicate adequately the blameworthiness of a given conduct: cartels impair one of the core pillars of our society, the market economy on which individuals depend in an attempt to ensure their own welfare. Indeed the bold disobedience to the whole system appears to be at the core of what is delinquent about cartels. Overcriminalization critique concerning a possible criminalization of cartel conduct seems to ignore the moral educative function of criminal law. The public may come to denounce behavior that was previously perceived to be neutral in moral terms one may think of the environmental offences for instance. Certainly public opinion could be shaped by experts views in complex fields of law. A coherent EU criminal policy and a national one for that matter, with regard to cartels should promote uniformity: the credibility of the criminal justice system is supported by criminally banning violations of a similar penal value. The justification for an exclusively administrative mode of anti-cartel enforcement appears vague. It seems that administrative sanctions could be properly adopted only against minor offences, whereas cartels as an egregious violation of competition law do not seem to fall within that category. Arguably, cartel conduct warrants the ultimate condemnation provided only by criminal law. Other measures would not produce the stigmatizing label on a par with criminal measures. Several EU member states have introduced criminal cartel offences whereas similar rules are absent at the EU level. In that regard it may be noted that it would hardly make for a coherent EU criminal policy if larger cross-border cartels did not prompt criminal liability whereas at the national level cartels were caught by criminal prohibition. Moreover, it may be argued that the UK problems with the cartel offence stem partly from the lack of harmonization in the EU, which may have also contributed to the misguided policy of relying exclusively on administrative sanctions in Finland where individual liability is completely absent. While the optimal deterrence theory cannot alone be relied upon to back a cartel criminalization project, it may remain a point of continued interest in the cartel criminalization debate due to its theoretical appeal. All in all, there are several commentators and jurisdictions that rightly acknowledge the value of a mixture of measures being available in the fight against cartels, including director disqualification orders, fines and custodial sanctions.
The Europeanization of Criminal Law : Competence and its control in the Lisbon era
Miettinen, Samuli
How is EU criminal legislative competence regulated after the Lisbon Treaty? The European Union has always had powers which affect national criminal law. Classic internal market judgments consider whether national criminal law measures are justified restrictions of freedom of movement. The Union s direct legislative powers in this field have developed more slowly through international agreements, Treaty revision and the case law of the Court of Justice on implied powers. This study asks what powers have been conferred on the Union in the field of substantive criminal law and how the exercise of its powers may be reviewed after the entry into force of the Lisbon Treaty. The questions raise a wide range of issues relevant to EU criminal law, but also to EU constitutional, administrative and institutional law. A state-centric view of European integration holds that EU criminal law powers were framed to preserve core areas of national sovereignty. Scholarship in the field of EU criminal law is often ambivalent or critical of centralized powers in this field. Addressing the Union s competence creep was at the heart of constitutional reforms incorporated by the Lisbon Treaty. This sentiment explains some unusual features of the field after those revisions: the emergency brake , the special position of the UK, Ireland and Denmark, limits to Court of Justice jurisdiction, the unanimity requirement for states participating in the European Public Prosecutor s office, more sensitive ex ante subsidiarity control, and limiting express criminal law powers to directives. Nevertheless, these limits are constructed from the reference point of EU institutional law. The survey of those elements shows that the foundations of these structures are unreliable. If codification was intended to limit creeping competence , the framers have failed. Case law of the Court of Justice of the European Union after December 2009 suggests that Article 83 TFEU, or even the complete set of legal bases in the Union s area of freedom, security and justice , is not an exhaustive codification of the Union s criminal law powers. The central question in the calculus, the Court s rules on choice of legal bases , has been susceptible to creative drafting and suffers from weak judicial oversight. Legislative practice suggests that the new safeguards can be sidelined in this process. Thus, the central, and important debates in EU criminal law on the meaning of specific concepts like minimum rules , what crimes can be included in the 83(1) list, and how the European Public Prosecutor should operate may be gradually sidelined by the incoming tide , or at least creeping competence in other estuaries. At the same time, Member States cling to pre-Lisbon practices that restrict the exercise of competence but which seem disconnected from the post-Lisbon legal framework. A detailed examination of this field finds anomalies in the external relations law of the Union, where pragmatism prevails. Small elements that have criminal law implications may be included within Union powers where express internal competence is doubtful. In others, declarations of competence appear to reserve powers to the Member States that the Union could lawfully exercise. The Court now accepts ancillary provisions with criminal law relevance in mainstream measures that do not offer the safeguards of the express criminal law provisions. This is demonstrated by analogy with the case law on issues in the area of freedom, security and justice . Thus, social security coordination measures can be based on the free movement provisions, criminal law obligations may be part of the common commercial policy, and agreements on the treatment of suspected pirates may properly be concluded as part of an agreement that is exclusively Common Foreign and Security Policy. The Court even allows the EU legislature to predetermine the success of any legal challenge because it relies primarily on textual evidence in recitals to determine the aim of the legislature. Thus, measures establishing information systems and exchange mechanisms concerning road traffic offences are measures of transport policy, not measures concerning cooperation in criminal matters, and data retention is an internal market measure. These judgments have surprised academics, national governments, and even EU institutions legal services. Questions also arise as to the effectiveness of the new safeguards even when they are not circumvented. The emergency brake may lead to consensualism, but it is not pulled when a Member State position that is presented as a red line is ignored. The pleadings of the opt-out states in key cases suggest that national governments are not policing their opt-out. National parliaments rarely raise formal subsidiarity concerns. Intervention is rare even if an EU proposal raises constitutional issues and overrules significant policy choices in national criminal law. National policy choices may be legitimate even if the Union has the technical capacity to overrule them. National criminal law scholars often argue that integration in criminal law will come at a high personal cost to the victims of that policy unless appropriate safeguards are developed. The Court of Justice has struggled to distinguish between criminal and civil rules in the European Union constitutional system. Instead, it has developed institutional safeguards that require, as far as possible, democratic decision-making. It has also begun to use fundamental rights, and in particular the Charter of Fundamental Rights, to test the legality of Union action. Thus, whilst its standard of review has been criticized in the past, the findings suggest the Court may be better placed to cope with the increasing trend to treat de facto penal law as administrative rules than the corpus of EU judicial review literature suggests. This research has used standard legal research methods but combines these with an element of the law in action in the field of EU transparency law. During the research, it became clear that the key research questions required material that had not been published. In order to study the drafting processes, the study sought and obtained series of documents that were not originally released for public use. These include legislative negotiation documents, legal opinions of the legal services, and even the pleadings of Member States and EU institutions in key constitutional law cases. One document was released through litigation; another is pending litigation. Both cases raise novel points in transparency law that may have wide-reaching consequences on the nature of the EU criminal legislative process. To what extent should it be open to public scrutiny? Should the Union consider strictly defined conferral or procedural limits to the enumerated powers? The history of constitutional limits is that they are circumvented at the first opportunity when a crisis presents itself. It is possible to conceive some which are more difficult to ignore than those which appear to have buckled under the strain of post-Lisbon practice. However, when limits are drafted in a strict form, this can later cause constitutional contortions that call into question the rule of law. Instead, the present criminal competence control has been effectively proceduralized: particular steps must be taken, but their review is likely to be unintrusive or sympathetic. More legal research is required in the pre-legislative stage, even to understand the nature of competence control. Debates in poorly studied legislative forums are likely to shed great light on the Union s constitution: what happens .
Internet Connectivity Providers as Involuntary Copyright Enforcers : Blocking Websites in Particular
Savola, Pekka
Helsingin yliopisto
This article-based dissertation examines the involuntary role of Internet connectivity providers in copyright enforcement in the EU, and in particular injunctions ordering user-end providers to block access to websites facilitating infringement. The main method is doctrinal legal scholarship supplemented by a socio-legal study of legal policy, seeking answers to the why questions underlying the law. Copyright enforcement measures using providers include website blocking, disconnecting the website or the user, subscriber information disclosure, and notice or graduated response mechanisms. There are also dozens of other options for enforcement, and the IPR holder may select the optimal one(s). In international settings, this can be further optimised by the choice of jurisdiction, the applicable law, and characterisation of the infringement. These provide opportunities for gaming the system . Enforcement proceedings are problematic because typically only the copyright holder and possibly the provider are represented in court. Nobody is responsible for arguing for the users or website operators. The court should take their interests into account on its own motion. Unfortunately, many courts have not yet recognised this responsibility. Even this dual role as both the defender of unrepresented parties and judge is less than ideal and improvement is called for. All the enforcement mechanisms must be compatible with EU fundamental rights, as well as the national ones. A proportionality evaluation procedure is suggested, consisting of identifying the context, the interests of different parties, and applicable principles as well as formulating the evaluation criteria and applying them in a proportionality test. In the test, the legitimacy of the objective, suitability for the purpose, necessity and balancing need to be critically assessed. The underlying goal of copyright enforcement has implications for how the scale tilts. Ineffective enforcement mechanisms can be more easily accepted if the goal of symbolic, educational or politically motivated enforcement is deemed legitimate. However, if the goal is to decrease the impact of infringement, greater efficiency and economically quantifiable results may be required. A proportionate mechanism does not necessarily exist in any particular case. Current enforcement legislation is a product of heavy lobbying by the copyright industry. This has led to the legislators being inundated with copyright ideology and proprietarian bias. In consequence, the legislation fails to take the more general public policy interests and the rights of others into account adequately. The pressure is on rationalising rather than expanding the role of connectivity providers. This background context also calls for a critical approach to interpreting the law. Such an approach might help in achieving more rational and balanced justifications and conclusions.
EU Sports Law and Breakaway Leagues in Football
Pijetlovic, Katarina
This dissertation analyses the legal problem posed by the clauses in UEFA Statutes that prevent clubs from unauthorised formation of alternative transnational structures in football. Unequivocally, these clauses constitute restrictions on economic activities of football clubs in their capacity as undertakings contrary to EU competition and internal market laws, in particular, Articles 101, 102 and 56 TFEU that form the core of EU sports law. More contentiously, however, the heart of the analysis lies in the question of justification and proportionality of the restrictions, which could possibly render the restrictive UEFA clauses legal and enforceable. Over the past 20 years, a solid body of case law, legislation and EU policy documents developed a distinct legal discipline that can be referred to as EU sports law and that can facilitate in resolving this question. The essence of EU sports law lies in the custom-tailored application of traditional economic provisions that takes account of the specificities of sport, a concept that has been given constitutional basis in Article 165 TFEU after the Lisbon Treaty amendments. Moreover, the approach to specificity of sport can be traced back to its origins in 1974 Walrave case, and it forms the basis of the crucial notion of sporting exception in the EU law. This study first highlights the problems in the governance of European football with particular reference to power struggles between UEFA and the elite football clubs and the threats of formation of alternative cross-border leagues by the clubs. Thereafter, the study sets out and discerns the principles underlying the application of EU freedom of movement and competition law to legal disputes in the sports sector, contributing several original interpretations of the key sports cases, such as Bosman, Meca-Medina, Bernard, and Murphy. Most prominent contribution of this thesis to the general study of EU sports law, however, is sketching a novel way of looking at the different categories of sporting exceptions through the prism of convergence between EU free movement law and competition law. The quest for convergence revealed a largely streamlined analytical framework in the sporting cases that involve organisational/regulatory rules and rely on public interest justifications. Finally, thus streamlined framework is applied to analyse the question of legality of the UEFA clauses restricting the formation of breakaway leagues. Some of the conclusions that emerge from this analytical process are surprising, in particular those pertaining to UEFA s power on the relevant market for organisational services for transnational club football in Europe.
Silminnäkijätunnistamisen näyttöarvo
Stanikic, Teija
Suomalainen lakimiesyhdistys ry.
The aim of this thesis is to analyze the process in which the court assesses what kind of evidential value eyewitness identification should have in an individual criminal case in court. The attention is on special features of national procedural law and on witness psychological research connected to this process. Since the stages of the criminal proceeding preceding the evaluation of evidence also have an impact on this process, the following questions have been set for this research: (1) on which factors should the evidence be gathered in cases in which an identification is made; (2) which special features are connected with the process of presenting evidence that applies to the reliability of the identification in court; and (3) how should the reliability of the eyewitness identification be analyzed in the court. The first question is partly discussed in the form of a literature review. The results of witness psychological studies conducted on the sources of errors affecting identification as the crime occurs (estimator variables) are discussed, and conclusions are made of the applicability of those experimental rules in legal settings. For instance, observation distance, exposure time, the perpetrator of the crime having masked themselves, eyewitness age and ethnic origin can influence the reliability of the identification. Secondly, the factors affecting the reliability of the identification in the police investigation (system variables) are discussed. These include, for instance, the possible use of a show-up or a lineup with fillers or the presentation of the suspect to the eyewitness in person or in a photograph. Experimental rules for the system variables have also been included into the Finnish procedural regulation of police investigations. The focus of this research is also to study that regulation using the research method of the interpretation and systematization of legal rules. In addition to this, propositions for the developing of legislation de lege ferenda are made based on witness psychological research and practical points. An important result in this part of the study is that the valid regulation mainly corresponds to the results of witness psychological research. However, development needs have been detected. The regulation is partially contradictory and insufficient, and the terminology used in it is partly unsettled and not accurate. Another problem is that the rules have been deconcentrated in different levels of legal regulation. For this reason the regulation includes overlapping rules and several rules that refer to other rules. How to interpret the latter is questionable. For instance, the legal rules for the method of identification in which a single suspect is shown to a witness by the police remain unclear. Thus, through the interpretation of the regulation this study also clarifies which procedural regulation should be followed when identification is put into practice in different ways for example, as a show-up, a lineup or a photograph or video identification. In addition, the experimental results of witness psychological research support some specific new procedural rules being included into the legislation. These are also presented in this study. In answer to the first research question, the objective of gathering the evidence in its entirety is the error sources in identification and the other factors affecting reliability. In addition to this, collecting evidence of the eyewitness confidence and the time used for identification is recommended. When evaluating evidence, the level of confidence, however, should be taken into consideration only under specific conditions mentioned in the research. The second question is considered in the light of the rules and principles for the legal procedure of the presentation of evidence. Interpretation and systematization is used as the method, and witness psychological research results are considered. The study showed that the rules and other principles for the legal procedure together with the principle of the free presentation of evidence facilitate the presentation of the evidence applying to the identification error sources per se. Procedural principles, however, must be interpreted in a way that allows the use of the police identification report and police identification video as evidence in the trial. When gathering and presenting the evidence, the objectivity principle has an essential importance as well as the witness psychological expertise of the prosecutor and suspect's assistant. Further, the court should find out, on the basis of its duty to lead the process and with specific preconditions that have been specified in this study, what factors have influenced the reliability of the identification. For the most part, the use of expert witnesses is advisable only in connection with the identification of criminals suspected of serious crimes. The third question focuses on the evaluation of eyewitness identification evidence on the basis of the argumentation presented in the theories of evaluating evidence. The analysis model of identification reliability is represented as a solution to the question of how the reliability of eyewitness identification should be analyzed in court. It is essential in this model that when the principle of the free evaluation of evidence is dominant, the reliability of the identification is analyzed utilizing witness psychological rules by specifying them, yet always considering their probable value. When applying experimental rules in a single case, the circumstances and characteristics of the case must be taken into consideration, as well. The frequency-based theories of juror decision-making are rejected as not suitable for the analysis. Certain preconditions are also set for the use of the Story Model and the method based on falsification of hypotheses by Christian Diesen. The importance of a sufficient account for the factors affecting the reliability of the identification is emphasized as a part of the analysis, and evaluating the sufficiency separately is recommended. Categorization of the identification error sources is suggested for helping the analyzing process. This categorization should be made of the factors affecting the reliability before and during the investigation. The research also outlines how evidence relating to the identity of the perpetrator other than eyewitness identification and the gravity of the crime affect the analysis. In its entirety the analysis is different in each case, and the judge's intuition has a significant importance in applying the experimental rules of witness psychological research, especially in assessing the joint influence of the different factors affecting the reliability of the identification. Case material is also utilized in the study. Practical information based on the material is provided about the evaluation of eyewitness identification evidence in court a few points are also made about the identification procedures of the police. In the future, it is of great importance that the results of witness psychological studies are taken into consideration in the regulation of identification proceedings and in its interpretation as well as in the development of the quality of the analysis in individual cases in court.
Jälkivalvonta ympäristönsuojelulaissa : Tutkimus ympäristönsuojelulain jälkivalvontasäännösten soveltamisalojen rajautumisesta
Nyholm, Elina
Helsingin yliopisto
The research question relates to the content of the ex post supervision provisions of the Finnish Environmental Protection Act (EPA) under the currently valid legislation. The study particularly focuses upon single control orders (EPA Section 180), indirect administrative compulsion (EPA Sections 175 through 176) and direct administrative compulsion (EPA Section 181). The objective is to systematize the mutual delineation of the scopes of application of the said provisions. The study utilizes the method of legal dogmatics. Furthermore, the aim is to present views on how the ex post control provisions of the EPA should be developed. A particular methodical characteristic entails the ample utilization of also unpublished case law, primarily in highlighting the problematic issues. For this reason, the study also exhibits characteristics of empirical legal research. This is also why the study is additionally distinctly connected to administrative procedural law, albeit it is categorized under environmental law, or, more precisely, under environmental protection law. The study examines the instances when activities causing the threat of environmental pollution can be targeted with a single control order, when the activities are in breach of the EPA, a decree or regulation issued under it in such a manner that it can be targeted with indirect administrative compulsion, and what are the prerequisites that need to be met for the causing of the pollution to be capable of being addressed by means of direct administrative compulsion, i.e. the immediate suspension of the activities. The study systematizes the obligations contained in the various provisions of the EPA, and those contained in the decrees and regulations issued under the EPA, compliance with which can be enforced by means of indirect administrative compulsion. The pivotal finding comprises the systematization of the provisions of the EPA in such a manner that the situations entitling to the application of the various ex post supervisory measures and the mutual boundaries of the ex post supervisory measures scopes of application become less ambiguous. An additional finding entails the provision of some individual legislative recommendations relating, inter alia, to the regulation of the competent authority and the degree of the obligatory nature at which the prohibitions contained in the legislation should be set.
Välipääomarahoitusinstrumentit : Yhtiöoikeudellinen tutkimus vieraan pääoman ehtoisen välipääomarahoittajan asemasta osakeyhtiössä.
Lautjärvi, Kari
Talentum Media Oy
Kari Lautjärvi MEZZANINE FINANCE INSTRUMENTS - A COMPANY LAW STUDY ON THE DEBT BASED MEZZANINE INSTRUMENT HOLDER´S LEGAL POSITION IN A FINNISH COMPANY LIMITED BY SHARES 1. Object and methods of the dissertation This doctoral dissertation provides a comprehensive discussion on various equity and debt financing instruments that Finnish limited liability companies (limited by shares) generally use. The main focus of the dissertation is examining mezzanine debt instruments incorporating such things as control covenants, capital and debenture loans, perpetual hybrid loans, profit sharing loans as well as convertible and option loans. In general, mezzanine finance instruments are used as corporate finance products in Finland and are a form of hybrid capital. Albeit typically structured as debt instruments, mezzanine instruments are often more akin to equity finance instruments by virtue of their characteristics. The equity instruments are regulated mainly by company law as well as the articles of association of the company concerned, whilst the debt instruments are regulated in essence by the Law of Obligations and the general principles of contract law. The new Finnish Act on Limited Liability Companies (624/2006), hereinafter the "FCA", extended the contractual freedom of companies in creating different types of equity financing instruments, primarily by the creation of different classes of shares. The equity instruments may confer preferred voting, economic rights and other benefits as well as redeemable and convertible rights. Conversely, the contract law principle of freedom of contract has traditionally enabled the debt instruments to be tailored according to the needs of a particular company. Consequently, there is extensive contractual freedom in creating mezzanine debt instruments in Finland. Finnish limited liability companies issue mezzanine instruments primarily for the purposes of achieving tax benefits, improving the company´s solvency and credit ratios as well as facilitating the company´s capital funding or decreasing capital expenditure. The mezzanine instruments may, inter alia, contribute to the improvement of risk management for companies and their investors as well as increased profits for the investors. They also provide an alternative financing method for companies, their shareholders and other investors by mitigating their conflicting interests. The implementation of the International Financial Reporting Standards (IFRS) in Finland has emphasized substance based evaluation in defining the difference between equity and debt in company accounts. Thus, the actual substance and nature of the instrument concerned is important more often than its legal form. However, from the perspectives of the Finnish company, accounting and tax law, the legal character and status of equity and debt instruments may differ or conflict with one another. This dissertation mainly concentrates on the analysis of various types of mezzanine instruments and the structure of the applicable Finnish legal rules. The central theme of the dissertation is the study of the principal-agent theory combined with the theory of transaction cost economics. The dissertation considers both the protection granted by the FCA as well as the risks involved for the various actors in a company. Therefore, the focus is on the factual nature and content of the financial instruments rather than their pure legal form. The analysis in the dissertation also encompasses the theory of law and economics. The Finnish legislation, legal literature and case law directly addressing debt-based mezzanine instruments are modest, and the same applies to the other Nordic legal systems. Consequently, the dissertation also contains comparative research on certain legal aspects of EU regulations and Anglo-American rules. 2. Themes, structure and conclusions of the dissertation The dissertation discusses the legal position under the FCA of a contractual creditor at a general level, and particularly the position of a debt- based mezzanine instrument holder in a Finnish limited liability company where the company is a going concern. As a general theme, the dissertation suggests that a contractual creditor of a company could, under certain circumstances, be identified as a principal of the company's management, while the board of directors in particular acts as the agent. This suggestion is highlighted especially in circumstances where the creditor is the holder of a mezzanine debt instrument conferring control or residual rights, or the instrument is perpetual by nature. A specific theme of the dissertation is the fiduciary duties of the management (the board of directors), particularly the duty of care and the duty of loyalty owed to a contractual creditor under Section 8 of Chapter 1 of the FCA. These duties have been traditionally interpreted as extending to both the company (directly) and its shareholders (indirectly). The fulfillment of the directors´ duty of care with regard to particular acts and omissions is determined by the rule of business judgment. The dissertation consists of nine Chapters. Chapter 1 describes the object, themes, theoretical frames, methods, structure and sources of the dissertation. Chapter 2 focuses on the roles of both equity-based and debt-based investors and their relevant principal-agent relations in the mezzanine financing transactions. The chapter examines, inter alia, various theories concerning a company and the shareholders or stakeholders of a company in these contexts, the regulatory frameworks and legal strategies for protecting principals, and the protection granted by the FCA for principals in various principal-agent relations. Chapter 3 provides an overview of the capital structure in a Finnish limited liability company, the characteristics of both equity and debt, equity and debt investments as a combination of risk and income, the risk preferences of various investors, the legal positions of various investors in relation to an order for distribution of payments or return of capital, and the relevance of the risk positions. In addition, the chapter discusses equity and debt capital from the perspectives of the company, accounting, tax and insolvency laws. Furthermore, Chapter 3 describes the capital structure under the FCA, including the formation, maintenance and distribution rules of the equity capital, and the creditors´ protection regime. Chapter 4 addresses mezzanine capital from the perspectives of company, accounting, tax and insolvency laws. Chapter 5 examines the levels of regulation and regulatory instruments for various types of mezzanine finance. Chapter 6 describes the different types of equity-based and debt-based mezzanine instruments used by a Finnish limited liability company and discusses various reasons for the use of the appropriate mezzanine finance instruments. Chapter 7 examines the asymmetry of legal treatment of mezzanine finance instruments from the perspectives of the company, accounting, tax and insolvency Laws, and the problems resulted from this asymmetry. The chapter also illustrates the similarities and differences between a tailored equity- based and a tailored debt- based mezzanine finance instrument, namely, a preferred share without any voting and residual income rights which is redeemable by the company, and a hybrid loan instrument having elements of perpetuity. Chapter 8 is the core of the dissertation. It provides an extensive discussion on the legal position of a contractual creditor as a principal and the legal strategies for the protection of such a creditor in general and as derived from the management´s fiduciary duties under the FCA where the debtor company is a going concern. Chapter 8 examines particularly the issue as to whether the management´s fiduciary duties (i.e., the duties of care and loyalty) under the FCA could in certain circumstances be extended to protect a contractual creditor in general and especially a debt-based mezzanine instrument holder, where the instrument has been strengthened with conditions or covenants of control rights, residual income rights or conversion rights. The chapter also discusses the relevance of the contractual loyalty principle in this context. Furthermore, Chapter 8 examines the functioning of the creditors´ protection regime pursuant to the FCA, the clarity and transparency of the legal position of the debt- based mezzanine investor under the FCA as well as the availability and reliability of information related to various finance instruments. Chapter 9 summarizes the conclusions of the research de lege lata and proposes regulative improvements de lege ferenda. The dissertation concludes with the notion that the close connection between the purpose of the company´s activities (normally long-term profit maximization of the shareholders of the company) with the going-concern principle of company law, on the one hand, and the duties of care and loyalty of the company´s management on the other, together result in the extension of the protection afforded under these fiduciary duties to contractual creditors (indirectly). This protection extends to the contractual creditors, especially when management´s decision on the distribution (and use) of company´s funds may affect the company´s liquidity and solvency, particularly in evaluating the company´s liquidity under the FCA. These fiduciary duties of management are emphasized in relation to the holders of debt- based mezzanine instruments conferring residual or control rights at that time or in the future (derived from conversion rights). The dissertation proposes de lege ferenda legislative reforms to the FCA, such as the clarification of directly and indirectly protected actors with regard to the management´s duty of care and duty of loyalty, and reevaluation of the creditors´ protection regime (and particularly the liquidity and solvency test) in distribution and maintenance of company funds by strengthening of the test and simultaneously abandoning the separation of restricted and unrestricted equity, as well as redefining the distributable funds. In addition, the dissertation proposes certain legislative improvements to the legal and contractual order of payments as well as improvements designed to increase the availability and reliability of company financial information for various investors. Finally, the increasing symmetry of company, accounting and tax laws from the perspective of the factual nature and substance (rather than their purely legal form) of the corresponding financial instruments is considered important in the future.


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subset: commoncrawl


text:
Using a backbone model, assuming it fetches some additional properties from the server (like "FirstName" and "LastName"), I have something like the following:
var myModel = new Backbone.Model({ id: 10 });
var myOtherModel = new Backbone.Model({ id: 20 });
$.when(myModel.fetch(), myOtherModel.fetch()).done(function () {
The output:
{ id: 10 }
The output a moment later:
{ id: 10, FirstName: "Joe", LastName: "Schmo" }
It would seem that Backbone's promises are flawed in that the jqXHR object returned has a promise that's resolved prior to backbone completing its own process.
Is this the case? Is there something else that must be done to ensure that the promise returned by
fetch() isn't resolved until all of Backbone's
sets are done, or at least the
sets happen before my attached handler?


text:
Top Story
As obesity numbers continue to grow , the Irish government has said it has made obesity a public health priority.
Pokķmon Go phenomenon Unless you have been hiding under a rock for the past few weeks then you will have heard of the Pokémon Go phenomenon that has taken the world by storm.
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Are you a budding photographer, or do you simply love capturing those special moments? Ireland AM's Camera Club is always looking for new members and we want you to get involved! Every month Professional Photographer Jenny McCarthy will set a theme and give you some top tips, advice on how to take the best pictures and even get the opportunity to have your photos shown on air. Send us your photos using the form below and you could show your shots to the nation!
The Ireland AM Camera Club is taking a break until September Summer is upon us and the Ireland AM Camera Club is taking a break until September.
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Catherine Leyden was in the kitchen to bake this delicious orange yogurt cake.
Hi-Fibre Banana and Walnut Bread Catherine Leyden has this recipe for Hi-Fibre Banana and Walnut Bread.


text: Is the 40 hour work week obsolete?Walter Glenn3/11/13 3:00pmFiled to: Discussions of the DayRoundupEditInvite manuallyPromoteDismissUndismissHideShare to KinjaToggle Conversation toolsGo to permalink Great discussions are par for the course here on Lifehacker. Each day, we highlight a discussion that is particularly helpful or insightful, along with other great discussions and reader questions you may have missed. Check out these discussions and add your own thoughts to make them even more wonderful!Discussion of the Day Is the 40 hour work week obsolete? Other Great Discussions Your two weeks notice might work differently if you're in IT.Convince your boss to let you work from home by proving advantages to the company.Renters insurance is a worthwhile investment. Get Involved What things should a first time home renter know? Come share your thoughts with us. Great Discussions Any Time To join or start great discussions on any topic, be sure to visit the Openthread forum. If you've got a cool project, inspiration, or just something fun to share, be sure to let us know in our Tips forum. Advertisement Happy Lifehacking, everybody!


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A ship carrying liquefied natural gas (LNG) from the United States became the first LNG carrier to pass through the enlarged Panama Canal on Monday.
U.S. Customs and Border Protection has created a dedicated team to monitor violations of coastwise shipping rules as supporters tout the Jones Act's homeland security benefits.
Major freight railroads in the United States employed 152,426 workers as of the middle of June 2016, down 0.2 percent from the previous month and 11.55 percent year-over-year, according to data from the Surface Transportation Board.
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After a weak first quarter in 2016, east-west capacity rebounded slightly in advance of the traditional summer peak season, but overcapacity, decreased volumes and low rates continued to drive carriers into the ever-changing alliance game.
The parcel carrier has agreed to pay $240 million to settle lawsuits covering around 13,000 divers across 20 states who claimed they should have been treated as employees instead of independent contractors.
Captain John Loftus, who was fired in 2013 after working for Horizon Line for 20 years, has been awarded $655,000 in back wages, $225,000 in punitive damages, $10,000 for emotional distress, and more than $200,000 in legal costs.


text:
|Members who have recently earned the Accredited Marine Surveyors® designation:
Neil Batcheler
Nathan Darcy
John A. Connor
David L. Boersema
Brian Brailsford
Ruchin C. Dayal
Michael J. Davidson
Cesar Lurati
Albert Armbrister
Chris Ward
|William (Bill) Lee Rottgering
Grand Rivers, KY
April 2016
New Members who have been Accepted into SAMS® as Surveyor Associates:
John Laux
|Dave Bradley
Saint Leonard, MD
January 2016
|William H Stahlgren
North East, MD
February 2016
|Jeffrey A. Gardner
Corinth, MS
March 2016
|Robert Scott Manley
St. Augustine, FL
March 2016
|Michael J. McHenry
Appleton, ME
March 2016
|Joseph C. Vater
Sodus Point, NY
March 2016
|Victor Moxey
Abingdon, MD
April 2016
|Christian Andrew Syoen
Harrison Township, MI
March 2016
|Patrick William O'Loughlin
Tortola, B.V.I.
April 2016
|Abraham C. Frehm
Hanapepe, HI
April 2016
|C. J. Kusmierz
Sparta, MI
May 2016
|Christopher S. Avallone
Portland, Maine
|Michael A. Terminel
Eagle River, AK
|John Soria
Rowland Heights, California
|Nick Chadwick
Chicago, IL
|John Flick
Hammondsport, NY
|Jon Max Clark
Hilton Head, SC
|Arthur George Baitz, III
Jensen Beach, FL
|Bryan A. Shrock
Marblehead, OH
|Kerry Christopher Nikula
Dania Beach, FL
|Timothy J. Albano
St. Thomas, U.S.V.I.
|Timothy J. Howe
Ft. Lauderdale, FL
New Members who have been Accepted into SAMS® as Affiliate Members:
Walter Laird
Johannes de Rozari
Brad Parker
People with pending applications to join SAMS®:
Peter Bregolat
|Bradley Michael Bloser
Charleston, SC
|Daniel J. Kulin
Port Townsend, WA
|Frank W. Campbell, Jr.
Ft. Lauderdale, FL
|David J. Leonetti
Chardon, OH
|Frederic Daillant
Marigot, St. Martin, France
|Andrew Ball
Road Town, Tortola, B.V.I.
|Jeffery Grizzle
Daphne, AL
|Bill Van Voorhis
South Portland, ME
|Matthew Hoxie
Sebastian, FL
|George (Trey) McCoy, III
Kemah, TX
|Scott K. Allen
Philadelphia, PA
|Jeff J. Cunningham
North Myrtle Beach, SC
|T. George Malhiot
West Covina, CA
|Christian Donald Eck
West Palm Beach, FL
|Daniel J. Kulin
Port Townsend, WA
|Nick Chadwick
Chicago, IL
|John S. Shields
Blue Bell, PA
|Buhite, Thomaas Jesse
Jarrettsville, MD
|Pegeen E. Jones
Hawthrone, NJ
|Andrea Arnas
Hallandale, FL
|Ian Russell Gardner
Ft. Lauderdale, FL
|Joseamid Hurst
Miami, FL
|Jonathan Nelson
Glen Bernie, MD
|John Lawson
Providenciales, Turks & Caicos, B.W.I.
|James P. Nagle
Lyndonville, VT
|Ronald Varg
St. Helena Island, SC
LaDell Carol Ashley
The Society of Accredited Marine Surveyors®, its Officers, Directors, members or employees assume no responsibility for actions of its members for any misrepresentation, negligence, or judgmental errors. The acceptance of, and responsibility for satisfactory performance of assignments rests solely with the individual member.


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White supremacist David Duke runs for U.S. Senate, says 'My time has come' (From PBS NewsHour)
White supremacist David Duke runs for U.S. Senate, says 'My time has come'
July 24, 2016 at 1:53 pm
Can you bake a sugar-free cake that still tastes like cake? Many of the The Great British BakingShow recipes are available at PBS Food. #PBSBakingShow
Naked Blueberry and Caraway Crunch Cake | Dessert Recipes | PBS Food
Get Nadiya's recipe for a Naked Blueberry and Caraway Crunch Cake from Season 3 of the Great British Baking Show on PBS Food.
July 24, 2016 at 12:06 pm
Hillary Clinton's life in the public eye (From PBS NewsHour)
Hillary Clinton's life in the public eye
As Hillary Clinton prepares to accept the Democratic nomination for president, two biographers look back at her growth as a politician.
July 24, 2016 at 2:00 am
Russian priest finishes record-breaking hot air balloon flight (From PBS NewsHour)
Russian priest finishes record-breaking hot air balloon flight
Breaking the record for the shortest trip around the world in a hot air balloon, 64-year-old Russian explorer Fedor Konyukhov finished his 11-day journey in Western Australia on Saturday morning.
July 24, 2016 at 12:09 am
This day in history from American Experience PBS
American Experience PBS
On July 23, 1885 renowned Civil War general and former president Ulysses S. Grant died in Wilton, NY. The column of mourners who accompanied Grant during his funeral march two weeks later was seven miles long. More on Grant's funeral march at pbs.org/presidents.
July 23, 2016 at 8:52 pm
A certain Mr. Cumberbatch will also be joining the #Sherlock Comic-Con International panel tomorrow! #SDCC2016 #SDCC
A message from Benedict Cumberbatch
July 23, 2016 at 5:53 pm
White supremacist David Duke runs for U.S. Senate, says 'My time has come' (From PBS NewsHour)
White supremacist David Duke runs for U.S. Senate, says 'My time has come'
Duke said Friday he has espoused principles for years that are similar to the themes Republicans are embracing now in the candidacy of GOP presidential candidate Donald Trump, on issues such as immigration and trade.
July 23, 2016 at 4:00 pm
Things Heat Up For Mercy Street, and Come January, PBS Would Love For It To Catch Fire (via The Huffington Post):
Mercy Street PBS
July 23, 2016 at 2:56 pm
Guided play means letting your kids start to play as they naturally would, then engaging in that play with them — interjecting questions, comments and explanations to help your little ones get more out of playtime. Here's how: (From PBS Parents)
Guided Play: Maximizing Kids' Learning AND Fun
Guided play simply means letting kids play as they naturally do, then engaging in that play with them by interjecting questions, comments and explanations to help them to get more out of playtime.
July 23, 2016 at 10:00 am
Hillary Clinton announced that her vice presidential running mate is U.S. Senator Tim Kaine. Do you think the Virginia senator will make a good running mate? Take our poll at the link below:
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The 2016 campaign social conversations, all in one place. A collection of social media experiences from across the presidential news cycle.
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text:
BELLFLOWER -- St. John Bosco turned off the gym lights for player introductions, Mater Dei proceeded to shoot them out.
A sellout crowd that buzzed before tipoff went silent within minutes. It was supposed to be a marquee Trinity League battle, but it quickly turned into one team's display of superiority.
Mater Dei flexed its muscle with a resounding 86-71 victory against St. John Bosco, taking sole possession of first place. But was the Monarchs' place atop the standings ever really in doubt?
"We wanted to prove that we're the best team in this league," Mater Dei forward Stanley Johnson said. "They were talking junk ... we wanted to prove a point."
Consider the message delivered. Colorado-bound forward Xavier Johnson had a team-high 23 points and 11 rebounds for the defending state champion Monarchs.
"We wanted to beat them huge," Xavier Johnson said.
In anticipation of a capacity crowd, school officials advised fans to arrive at least three hours ahead of the 7 p.m. tipoff. Entrance gates opened at 4 p.m., and spectators trickled in until the seats filled up an hour and a half later. A Bosco official said attendance was capped at 1,310.
The atmosphere was there. Mater Dei (19-2, 6-0 Trinity) fed off of it, opening a 21-point gap after the first quarter. UNLV-bound Katin Reinhardt poured in 17 of his 22 points in the first quarter alone, and the Monarchs sank eight 3-pointers in the first eight minutes.
"This was a hype game," said Reinhardt, who along with Xavier Johnson had been battling the flu all week. "All of Southern California wanted to come watch. We had to come out strong and put the pedal to the metal."
For now it appears as if St. John Bosco (16-5, 5-1), with talented brothers Isaac Hamilton and Daniel Hamilton, will have to wait until next season to leave its mark on the league. The Braves got to within nine midway through the third quarter, but Reinhardt answered with a dagger from the corner.
"We do that and we're going to beat a lot of teams," Mater Dei coach Gary McKnight said. "Katin is at a different level at times."
Isaac Hamilton, a junior, finished with a game-high 30 points. Daniel Hamilton, a sophomore, had 15. The only suspense left before the final quarter? Who would be the lucky winner of the 50-50 raffle.
The teams meet again in a week, on Feb. 3 in Santa Ana. Mater Dei, like always, figures to turn off the lights for player introductions.
"Our introduction is bigger and better," Stanley Johnson said, smiling.
Blair Angulo covers preps for ESPN Los Angeles. Follow him on Twitter.


text:
Avantco SL309 9" Manual Gravity Feed Meat Slicer - 1/4 hp
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- Free Shipping!
- Built-in sharpener
- Easy cleanup
- Stainless steel blade
- 7" x 8" product tray
- Compact footprint
- 1/4 hp
Avantco Equipment
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"You May Also Need" items are guaranteed to work with the item you are viewing, such as lids that will fit a cup or casters that will fit a piece of equipment. If an item is not listed in this section, we do not guarantee that it will work with the product you are viewing and do not recommend that you purchase them for use together.
"You May Also Need" items are guaranteed to work with the item you are viewing, such as lids that will fit a cup or casters that will fit a piece of equipment. If an item is not listed in this section, we do not guarantee that it will work with the product you are viewing and do not recommend that you purchase them for use together.
The Avantco SL309 9" manual gravity feed slicer features a compact design that's ideal for small operations.
An ideal addition to small meat slicing operations, this light-duty slicer provides 1/4 hp of power so that you can quickly slice up your own meats or vegetables for sandwiches, pizzas, and appetizers. Perfect for low-volume applications where a slicer is used less than 1 hour per day, this unit is a great choice for coffee shops, pizzerias, small restaurants, and catering businesses.
ETL Sanitation
This item meets the sanitation standards imposed by the ETL, a division of the Intertek Group.
ETL US & Canada
This item meets the electrical product safety standards imposed by the ETL, a division of the Intertek Group, for use in the United States and Canada.
This unit comes with a NEMA 5-15P plug.
"Great meat slicer for a great price. Who says that deli slicers have to cost thousands of dollars? This does the job and does it well!"Read More Reviews
Built-In Sharpener
For convenient sharpening, this unit comes equipped with a built-in sharpening assembly.
Stainless Steel Blade
The stainless steel blade is designed to resist corrosion and maintain a sharp edge for slicing.
Fixed Ring Guard
This unit has a fixed ring guard for safety which prevents unintentional contact with the blade.
Compact Design
This slicer is small and compact so that you can fit it into your small business more easily! The perfect size to place on a counter in your coffee shop or small restaurant, this slicer can also be moved for more thorough cleaning.
7" x 8" Product Tray
This tray can hold foods up to 7 1/2" wide by 5" high.
Removable Carriage
This meat slicer's carriage is removable for thorough cleaning at the end of the day.
Adjustable Slice Size
The cut thickness is easily adjustable from 1/16" to 1/2".
High Quality Aluminum Construction
This 9" slicer is made of top quality aluminum for durability and ease of cleaning. It has a sleek, professional appearance that means it will fit right in to your commercial kitchen or front of the house sandwich prep area.
Avantco Meat Slicer Demonstration
For a high-quality meat slicer at an unbeatable price, pick up an Avantco meat slicer! It can cut thick or thin slices of choice meats at your deli, restaurant, or sandwich shop, and its aluminum construction ensures cleanup is a breeze.
How To Clean A Slicer
Need to learn how to clean your meat slicer? Check out this video to learn about our slicer cleaning kit! See all that's included and follow Chef Matt's step-by-step instructions.
Compare to Other Products
Free Shipping
Free Shipping
Free Shipping
|Maximum Product Width
|7 1/2 Inches
|8 Inches
|9 Inches
|11 Inches
|Maximum Product Height
|5 Inches
|6 1/2 Inches
|7 Inches
|8 Inches
|Blade Size
|9 Inches
|10 Inches
|12 Inches
|12 Inches
|Slice Size
|1/16 - 1/2 Inches
|1/16 - 1/2 Inches
|1/16 - 1/2 Inches
|1/16 - 1/2 Inches
|Slicer Usage
|Entry Level
|Entry Level
|Entry Level
|Mid Tier
|Slices Cheese
- Width: 16 Inches
- Depth: 18 Inches
- Height: 15 Inches
- Width: 7 1/2 Inches
- Height: 5 Inches
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Customer Reviews
Arrange by
This Avantco Meat slicer is perfect for our kitchen. We slice ham and swiss cheese and it works great. We can adjust the thickness and it is a quiet running machine. We highly recommend!
Jacqueline A. from Havana Nights Café & Bakery Inc. Posted on 07/19/2016
Great low priced meat slicer. The price is right, but my only concern is difficulty cleaning the equipment components. Other meat slicers are designed to be easily cleaned and this one is a chore.
Dru D. Posted on 07/11/2016
good slicer , it does the job, little hard to clean it but I it does the work, easy to move it around and a good price
Osvaldo G. from panaderia emanuel Posted on 06/03/2016
This item arrived sooner than expected which made it even better. The blade is rather difficult to remove for cleaning. You have to take you time removing it and be extremely careful not to cut yourself because of the housing around it. I mean extremely careful. Overall, this is a handsome, well built slicer and exactly what I have been looking for.
Melvin T. from MM&M CATERING Posted on 04/29/2016
I owned a slicer made in Poland that I brought back from living in Prague, that lasted for more than 15 years. When the gear stripped and I couldn't get a replacement part, I found this slicer. This is a great value and high quality compared to the slicers sold in stores (it's not plastic)! Also look at the wattage of this slicer compared to the retail ones, to get this power you would be paying twice this amount. Great Product! Great Price and deliver time was also excellent.
Kevin D. Posted on 01/05/2016
This is a nice slicer. We don't have a lot of slicing but it is really nice to have this slicer for a reasonable price. We didn't want to have to invest thousands of dollars to get a slicer for our Bistro.
Patricia H. from Red River Inn Posted on 12/10/2015
Good meat slicer, working as expected, good price, easy to use. However, we hope it can be easier to clean. So far so good :
Zhong T. Posted on 11/01/2015
Solid slicer. For an economy item. Not heavy duty but we don't need a ton of work. Mostly prepping chips and cured meats. Easy to clean, Dummy proof
Carrie B. from West Edge Restaurant & Lounge Posted on 08/10/2015
Honest review for the price it's amazing as something to start off with the blade can be better but all in all it comes back to the price
Diea A. Posted on 07/06/2015
It's perfect for slicing a few blocks of cheese a week. It's definitely much more "powerful" than the slicer we were using and gets the job done much quicker. My only gripes are 1) there is a nut/bolt behind the blade that sometimes catches the cheese slice and tears it 2) there isn't a "tray" underneath to catch the cheese 3) cleaning this thing is kind of a difficult. The instructions (or lack thereof) weren't all that descriptive, and we can't really seem to figure out the best way to clean this thing. Our old slicer was simple to dismantle and we could run parts of it through the dishwasher, but we've pretty much been wiping this one down bc it doesn't really come apart. Definitely recommended for light duty, but wish it were easier to clean.
Amber D. Posted on 06/24/2015
Great meat slicer for a great price. Who says that deli slicers have to cost thousands of dollars? This does the job and does it well!
Andrew H. from Das Biergarten Posted on 06/01/2015
Slicer is ok. Good buy for the price but not the best had to replace and fix couple of times. Wont last long just ok
Jamie H. from Genos giant slice Posted on 01/18/2015
We use this meat slicer for our chicken and salami and it works out pretty well. There are times that the blade gets jammed, but it is easily fixed by cleaning up the area surrounding the blade.
Kristin A. from Simply Natural Cafe Posted on 12/03/2014
Great slicer for the price. We use it 2-4 times a week to slice meat and cheese for a coffee shop. Does the job and we would recommend it for lighter use.
Sarah S. from The Coffee Company Posted on 11/09/2014
0 out of 1 found this review helpful
I am really disappointed of webstaurant store. I bought it more than a month ago, and I can't still use my slicer. By mistake, I bought a smaller slicer, so I request a refund. The personnel at my restaurant had opened it and test it, so they didn't made me the return, since the slicer was used (in their opinion because it was brand new). It was ok, I was going to use it anyway, so I request that they sent it back to me. But it arrived with bumps, scratches and with some parts broken. Instead of offering me too replace it, they offered me credit. My experience buying equipment for my restaurant at this website was really terrible. If you can, pay a little bit more at amazon or another store that has better customer service. But don't buy here. I will never buy here.
Iris R. from Roccan Corp Posted on 10/09/2014
Thank you for your review! We're sorry to hear your slicer has given you so many issues. A Customer Solutions Representative will remain in contact until the issue is resolved.
WebstaurantStore Customer Solutions
Great price, we have used several times already and seems to work really well. We do cut alot of cheese with it for our Burgers, with no issues.
Richard G. from GREEN ZONE B & G Posted on 06/17/2014
This slicer is amazing. Its super quite and works really well Its like a ninja slicing meat.. The best decision we have made by far.. We love this thing.. Will recommend to everyone
Shannon C. from Saucys Pizzeria Posted on 06/06/2014
Great little slicer. It is good for slicing deli meats, soft cheeses, and vegetables. I wouldn't recommend it for harder items such as frozen food or hard cheeses. Overall a great item for what I need it for. Will probably buy another slicer that is a little more heavy duty for the harder items.
Michael C. from Temecula Catering Posted on 05/02/2014
We received the slicer on time and in fine condition. We have only used it once and it worked like a dream, slicing roast beef. Far better than the other two slicers we had in the past. Great so far. Hoping it will continue.
Robert H. from Rene's Doggie Treats Posted on 01/03/2014
Good quality product, perfect for small kitchens like cafeterias. Constructed in a very strong aluminium, easy to wash, clean and operate. I recomended this product .
Jesus C. from Colon Restaurant Supplies Posted on 12/08/2013
Good slicer for the money. I don't slice a lot so it's good for minimal use. If you slice a lot I'd go with a bigger unit but this is worth the money for what I use it for.
Michael L. from Michael's Pizza Posted on 10/09/2013
slicer at michael's pizza
This is the best slicer for the money, great service from WEBstaurant Store, I have been in restaurant business for many years and say the ease of cleaning and use for the price can not be matched,
Andrew S. Posted on 09/10/2013
The finding of this slicer was easy due to the information posted. Great slicer, Quality as expected, right size for the job. The price, shipping and attention is first class.
Juan B. from The Boardwalk Posted on 07/24/2013
This slicer was absolutely wonderful for what I need...not high volume slicing ...I usually do my cheeses for the sandwiches..a few hours a day..works great!!
Peter G. Posted on 07/17/2013
We are a coffee company that provides "box lunches" and other meats / cheeses for our guests. This slicer was the cheapest we could find but works well. While we know it isn't the best on the market, we feel like we got what we paid for. Be prepared for a messy work station and a bit longer cleaning process. It's good to go though.
Jason D. from EVOKE Posted on 05/26/2013
The Avantco SL309 (" Manual Gravity Feedmeat Slicer 1/4 hp. It is great for slicing your meats, cheeses, vegetables, and ect, just the thickness you like them for serving. We sre love ours. It is easy to clean.
Angela H. Posted on 01/08/2013
I have really enjoyed this Avantco Slicer, it has helped with the cost control and uniformity of cuts. I serve a lot of Roast Beef and it helps keep plate presentation the same. Would buy again.
Connie B. from MFH Catering Posted on 10/01/2012
This is a great value! definitely worth the price and will surely pay for itself if you are working in a small deli or marketplace!
Michael S. Posted on 09/22/2012
What a great manual feed meat slicer! Great for small restaurants that want to prepare their own lunch meat! Good for slicing vegetables as well as some fruits!!!
Eric K. Posted on 05/10/2012
Great Value Commercial Slicer! Very sharp, light, easy to operate and clean. Perfect size for the unit of this kind. Very pappy and highly recomended....
Olga P. Posted on 03/19/2012
This is a great light duty meat slicer. Perfect for small operations like a diner or a mom and pop store. Heck, if you have a big family, why not get one for home use!
Tom M. Posted on 03/19/2012
My previous slicer broke down so I needed another quickly but at a price in the budget. For the amount of slicing we do, this a great deal. It even sliced firm roast beef without a problem.
Amy V. from ACES Cake Shop and Baker's Supply Posted on 03/19/2012
what a great slicer for the cost. low cost high value, works great cleans easy has been super strong for us. we use it several hours all day, and it keeps up with us.
Randall H. from family restaurant Posted on 12/18/2011
Wonderful product, used in the shop. Really easy to clean, easy to maintain, and very easy to train people to use. Product is efficient, and has great features.
Kristen J. Posted on 12/04/2011
This 9" slicer by Avantco is perfect for catering. The slicer is light weight, easy to clean and maintain. It also has a built in sharpener.
Christopher H. from Flashback Unlimited Posted on 10/26/2011
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marcher 1
A person taking part in a protest march: police set up barricades to halt the marchers
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- Sections of the city centre were brought to a halt by marchers protesting against job losses and poor working conditions.
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Words that rhyme with marcherarcher, departure, kwacha, starcher, viscacha
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marcher 2
An inhabitant of a frontier or border district: [as modifier]: a marcher baron
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- Mortimer was one of the most powerful marcher barons of Henry III's reign and preoccupied with resisting Welsh advance.
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Amazon.com Review
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